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What is a hardship discharge?

If you have paid your chapter 13 bankruptcy plan payments for a large majority of the approved term and you find that you are unable to pay them any more, then you should ask your attorney whether you qualify for a hardship discharge. Your unsecured creditors will have to have already received as much as they would have gotten if you had been in a chapter 7 bankruptcy. Your attorney will have to file a motion for hardship discharge asking the bankruptcy court’s permission for this to occur. You may have to testify at this hearing.

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  • Can I go to Jail for not Paying my Bills?

    No, not unless you committed a crime in the creation of the debt (for example, fraud). Simply borrowing money and not being able to pay it back is not a crime. Many creditors representatives will tell you lies on the telephone and say that they will have you put in jail. Perhaps they are too ignorant to know they are wrong or that it is illegal for them even to say that. See More Bankruptcy Q&A